[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
Jordan S Hatcher
jordan at opencontentlawyer.com
Tue Oct 2 14:07:00 EDT 2007
On 2 Oct 2007, at 19:12, Terry Hancock wrote:
> Jordan S Hatcher wrote:
>>> So I'm asking -- *is* that what happens with the 3.0 wording? Or is
>>> there some trick that I'm missing?
>> See 8f.
> Yeah, okay, here it is:
> So what's your opinion?
> Looks to me like it DOES assert moral rights in non-moral-rights
> jurisdictions. Which is why I think it's a bad idea.
As I mentioned earlier in this thread:
> CC licences, despite having an 'unported' version, really come down
> to the law in an individual jurisdiction. There is no overriding
> international copyright law, as it is all based on a system of
> minimum standards and national treatment.
The unported licence is not tuned to any specific jurisdiction, and
as described in the clause, takes effect in the jurisdiction that it
is to be enforced, ergo the moral rights in the jurisdiction that it
is enforced are the ones that will govern. Whether you can get
dragged into court in a far away jurisdiction is a matter of personal
This is why I always argue to use a jurisdiction-specific licence
rather than the unported licence.
Mr. Jordan S Hatcher, JD, LLM
jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net
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